Wednesday, February 10, 2016

Fed. Judge Censors Pro-life Ads on Indiana Buses

Women's Health Link is appealing a federal district court decision that allows the Fort Wayne Public Transportation Corp. to deny the women's health organization from advertising on Citilink public buses because the ads "express or advocate opinions or positions upon political, religious, or moral issues."

Women's Health Link filed the lawsuit in September 2014, alleging Citilink violated its constitutional rights, specifically the First and 14th amendments, by refusing to display an advertisement/public service announcement for its free referral service for women seeking "life-affirming health care related services."

[Judge] Miller also said, "Citilink has a detailed advertising policy limiting advertising in its buses to commercial advertisements and public service announcements that comply with the restrictions set out in section 1 of that policy and don't 'express or advocate opinions or positions upon political, religious, or moral issues,' and so far as this record shows, Citilink has consistently enforced that policy."

Kevin Theriot, Alliance Defending Freedom Senior Counsel, said, "City officials can't run ads from non-profit groups, such as the United Way, and then single out Women's Health Link's nearly identical ad for censorship. The First Amendment protects freedom of speech for all people, regardless of their political or religious views. Because government has a responsibility to ensure equal access to community advertising, we have filed this appeal and hope the 7th Circuit [Court of Appeals in Chicago] will reverse District Court's decision."

The case began in 2013 when Women’s Health Link asked to place advertising cards in the interior of the city public transportation company Citilink’s buses, LifeNews previously reported. Citilink denied the request twice, saying that Women’s Health Link is associated with Allen County Right to Life, a pro-life organization, and that the Women’s Health Link website discusses “controversial issues.”

Citilink reportedly has permitted many non-profit and government organizations to place public service announcements with various messages in the interior of their buses, including the state of Indiana, Parkview Health and the United Way.

According to court documents, the 11-by-17-inch ad would cost $524 for three months and says "You are not alone" and "Free resources for women seeking health care" on either side of the smiling face of a young woman, with the organization's website and telephone number on a banner below.

Citilink officials rejected the proposed ad on two occasions, saying their attorneys believed that the organization's website dealt with "controversial issues," according to court documents.

The woman who submitted the advertisement on behalf of Women's Health Link [Beck Rogness] was on the organization's board of directors and also was communications manager for Allen County Right to Life, according to court documents.

Women's Health Link and Allen County Right to Life share email addresses and a physical address.